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August 12, 2017 18:08

Questions and comments to the decree №861 on the example of the non-profit garden community

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technological connection to the power grid for truckers.

Question: How is the technological connection of electricity to the members of garden-profit partnership (CSP) or for individual gardeners on site SNT

Comment: Electricity connection elektroprinimayuschih devices according to the Federal Law № 35 Art.26 No. 1, ab.1 is a one-time nature and is carried out in the prescribed manner by the Government of the Russian Federation.The procedure for accession is stipulated in the rules of the decree № 861 from 27.10.2011.If the power is drawn directly to a member of the SNT or individual-cottager with the application for connection elektroprinimayuschih devices that are on the territory of the CNT and the power and the estimated cost were taken into account before signing a contract with CHT, then guided by the following:

  1. members of the CNT must obeydecision of the general meeting of the CHT.
  2. must abide by the charter of the partnership requirements.

Therefore, if the decision to accede to the power grid and the conclusion of the contract was made at the general meeting of truckers in this agreement takes into account the amount of power and elektroprinimayuschih devices, technological connection of the individual applicant is carried out in the framework agreement between the network and the organization of the CNT.If the contract was concluded between the CNT and the electricity grid without the decision of the general meeting, the applicant can enter into a contract on an individual basis, as an individual with a network organization.

disable or limit electricity use of individual members of the CNT and cottagers

Question: Are there antitrust laws to disable or limit the electricity in respect of members of the CNT or individual gardeners.

Comments: rules decree number 861 of non-discriminatory access to the power grids and the use of electricity transmission services state that owners or rightful owners of power grid facilities through which the indirect connection of receiving devices to electric grids, can not and have no right to preventpower flows through their facilities to the customer or to demand a fee for the passage of electricity in their facilities.

data owners, through which you are connected indirectly, can provide electricity transmission services using facilities owned by them after the set corresponding to this rate.At the same time, limiting the mode of electricity use is prohibited for citizens who do not have debts and fulfill all obligations stipulated by the law.
exception to the rule may be emergencies, blackouts users on the network who do not have debts for electricity and fulfill all obligations under the laws of the Russian Federation.

In the event that the owner of the power supply facilities is not a network organization and unreasonably interferes with the flow of electricity through their facilities to consumers, or charge illegal fees, it is treated as a violation of Federal Law № 135-FZ ot26.07.2006 "On Protection of Competition" and is punishableaccordance with the law.

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